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Constitutional Provision for Right to Equality in India

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Constitutional Provision for Right to Equality in India!

The Constitution provides that all citizens are equal before the law. There can be no discrimination based on a citizen’s caste, sex, religious belief or place of birth etc. In matters relating to employment in government service the State can only lay down specific qualifications and requirements but these cannot be discriminatory in nature.

Access to institutions maintained or aided by the State has to be universal. No one can practice untouchably in matters relating to access to places of religious worship or other public places like wells for drinking water.

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A number of exceptions have been provided keeping in view that certain sections of our society suffer from handicaps and social disabilities for historical reasons. A number of castes and tribes have been listed as being socially and economically backward.

They are referred to as Scheduled Castes and Scheduled Tribes. Reservations exist for them in government jobs. A number of other affirmative action’s on the part of government ensure that they catch up with the rest of the society as early as possible. Reservation in government jobs is also extended to certain backward castes.

The need for making exceptions and affirmative action on the part of State can be best appreciated if we have a look at the literacy figures as revealed by the last census. For Kerala the literacy rate in respect of women was 87.86 % while in case of Bihar it was only 33.57%. If the funds for promotion of literacy were to be allocated on the basis of equality, the women in Bihar would stand no chance of being able to compete with those in Kerala even after a decade.

Similar figures can be quoted for employment in high end sectors. It is seen that many communities have a representation that is far below their population percentage. In all such cases equality demands that state puts in more efforts and resources in bringing up the deprived sections of the society.